Penn

This action was begun by the Oxnard School District for the purpose of determining to whom the balance of a fund in its possession should be paid. The money on hand was deposited in court.

So far as this appeal is concerned, there is a controversy only between Jarrett Beckett, as appellant, and Peoples Lumber Company, a corporation, as respondent, and for purposes of convenience, Beckett will be referred to as the appellant, and the Peoples Lumber Company, a corporation, as respondent.

In April, 1929, Gr. E. Penn, a contractor, entered into a contract with the Oxnard School District of Ventura County, for the construction of a school building for the agreed price of $63,206.90. The contractor’s bond was written by the Southern Surety Company under an arrangement with the Peoples Lumber Company whereby the latter agreed to save the surety harmless from any claims said lumber company might have for materials furnished in connection with the work. The contract was finished in September, 1929; notice of completion was filed on October 14 or 15, 1929. At that date all of the contract price had been paid save and except a balance of $15,871.72. ■ On October 30, 1929, the defendant…